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What decisions can you make in a surrogate situation?

December 7, 2021

As a surrogate or intended parent, you likely have concerns about the amount of control you will have throughout the process. What are your rights? Your decision-making abilities? How will you commit to the agency and can you override their decisions?

Hopeful parents and surrogate mothers have both rights and responsibilities as stated by law, but your unique agreement between parties is the most crucial component.

Rights and responsibilities

State law of North Carolina defines the responsibilities and rights of hopeful parents along with surrogate mothers. First, you need to craft a valid agreement. You must meet all local and federal requirements, or you risk the agreement ending up nullified or terminated. This means you must get legal advice, which state law requires when drafting this agreement up.

You need to agree to artificial insemination in writing and then get it signed by a notary public. Spouses, including the surrogate’s spouse, must have involvement in this agreement too. Then, you must submit the contract for court approval.

Sanctioning of your contract

A judge may add extra requirements at this point before sanctioning the contract, such as asking for clear and reasonable arrangements of any financial obligations from the point of insemination to afterbirth care.

A court can only terminate the agreement if both parties included such terms in the contract, such as saying the contract will end up terminated if a surrogate parent does not reach requirements. Parents can also set up other terms for surrogates to follow, such as not engaging in smoking, drinking or other activities deemed dangerous for pregnant individuals during the duration of the pregnancy.

Practice Area:   
Domestic Adoption

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